How can I fight a commercial eviction?
If you’ve received court papers from the landlord of your commercial space trying to evict you, they have taken one of two types of legal actions to quickly recover possession of a property – a holdover proceeding or a nonpayment eviction proceeding. These types of cases are called “summary proceedings.” A landlord can bring a summary proceeding if a tenant continues in possession of a property after the expiration of a lease term or fails to timely pay rent or other charges, among other reasons.
What do I have to do next?
- If your business was sued, you need legal representation in court. In New York, an individual cannot appear “pro se” (for oneself) on behalf of their business.
- After receiving the Petition or Complaint, you will need to “Answer” it. The “Answer” is a formal court document that must be served on the landlord and filed in court.
- You can Answer orally by going in person to the clerk’s office at the court or use the court’s form to submit a written Answer. If you opt to Answer orally, be sure to prepare your defenses and counterclaims ahead of time before visiting the court.
- Only use this form if you have been sued as an individual who signed the lease, or an individual who has a personal guaranty or was otherwise named in the complaint. This Answer form is for individuals who are self-represented and are Answering on their own behalf, or “pro se.”
What do I write in my Answer?
- An Answer contains legal reasons, or “defenses,” explaining to the court why you should not be evicted or do not owe the money that the Landlord is claiming. You can Answer by stating a General Denial and also raising specific Affirmative Defenses.
- An Answer may also contain “counterclaims,” or allegations you have against the landlord, if you believe the landlord has violated the law or any terms of their agreement with you.
- Review “Explanation of Defenses” and “Asserting Counterclaims in Your Answer” below for general descriptions of various possible defenses and counterclaims for commercial tenants. Identify the defenses and counterclaims you believe are applicable to your situation and include them in your Answer.
How long do I have to file an Answer?
- The amount of time you have to file an Answer depends on the type of case that was filed against you and how you were served with the court papers.
- Notice and Petition – You have 10 days to answer a Nonpayment Petition after you are served with the Notice of Petition, although the court may allow litigants more time due to the pandemic.
- Summons and Complaint – You have 20 days to answer a Complaint if the court papers were personally delivered to you. You have 30 days to answer if you were served by other methods, such as substituted service or “nail and mail” (see part 2 under “Explanation of Defenses” below for more information about service).
- If you want to amend your Answer after filing it, you generally have 20 days to do so without having to ask the court for permission, although the court may allow litigants more time because of the pandemic. After 20 days, you can file a motion with the court asking for permission to amend your Answer.
- Generally, in summary nonpayment eviction proceedings, the court will set a date for trial or a hearing for between 3 and 8 days after you Answer, although the court may allow litigants more time because of the pandemic.
Where should I file an Answer?
- Your Answer should be filed with the same court where the Petition or Complaint against you was filed. To find out where to Answer based on the court where the proceeding was filed (listed on the papers you received), refer to this webpage: https://www.nycourts.gov/courts/nyc/housing/locations2.shtml.
How do I properly serve and file an Answer?
- Sign the Answer and Verification in front of a notary,
- Have the notary sign the Verification,
- Have someone 18 years or older send a copy of the Answer to the landlord’s attorney (the address should be listed in the Petition or Complaint),
- Have the person who “served” (sent a copy of) the Answer fill out an Affidavit of Service and sign it in front of a notary,
- File the original Answer with the Affidavit of Service with the clerk’s office at the court where the case was filed. You can file these court papers by going to the courthouse in person or by mailing them to the court clerk’s office. For location information, visit: https://www.nycourts.gov/courts/nyc/housing/locations2.shtml
- For more information about the process, visit the court’s website:
What happens after the Answer is filed?
- Once you file an Answer, the court will schedule a court date to hear your case. It is important that you attend your court date. If you do not, the court may enter a Default Judgment against you (see “What happens if I do not respond to a Petition?” below for more information).
- If the court issues a judgment against you and issues a warrant of eviction, the warrant must state the earliest date the eviction can occur. A tenant must be given at least 14 days’ notice prior to eviction.
- An eviction warrant may be stayed (delayed) or vacated for good cause at the discretion of the court. To obtain a stay, a tenant must fill out an Order to Show Cause.
- An eviction warrant must be stayed in a nonpayment proceeding if a tenant pays all rent owed to the landlord before the eviction actually occurs. The tenant may obtain the stay by depositing the full amount of rent due, plus the costs of the proceeding, with the court clerk. The amount deposited will be turned over to the landlord upon request.
- For more information about staying an eviction warrant, visit: https://www.nycourts.gov/courts/nyc/housing/staysafterjudg_nonpay.shtml
What happens if I do not respond to a Petition?
- If you do not answer the Petition, the party suing you can ask the court to enter a Default Judgment against you. The default judgment may be a possessory judgment and/or a money judgment. Typically, a landlord seeking to evict a tenant will apply for a default judgment and an eviction warrant at the same time. If the landlord is granted a default judgment and eviction warrant, then the landlord will be able to evict you. If the landlord is awarded a money judgment, then they may be able to garnish your wages (take money out of your paycheck) or levy your bank account (ask a bank to freeze your account).
- If you answer the Petition but then fail to appear at the time of your scheduled hearing, the landlord may also ask the judge to enter a default judgment and issue an eviction warrant. In this case, there is usually a 5-day stay before the eviction warrant is issued, and the judge may require the landlord to serve you with a copy of the default judgment first.
- If you receive notice of a default judgment, you may be able to vacate your default and/or stop the eviction. Read more here: http://nycourts.gov/COURTS/nyc/housing/vacatingjudg.shtml
Where can I get legal assistance?
- Legal Services NYC is providing consultations for commercial tenants facing nonpayment proceedings. You can contact their hotline at 917-661-4500.
- New York City Bar – you can request a lawyer at: https://www.nycbar.org/get-legal-help/article/landlord-tenant/evictions/
Where can I get more information?
- More information about the court process can be found online:
- For cases that were filed in New York Supreme Court, you can contact the New York Supreme Court for assistance:
For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.
* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.
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